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(영문) 대구지방법원 포항지원 2016.08.25 2016고단432
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 15, 2012, the Defendant received a summary order of KRW 2 million from a fine of KRW 1 million due to a crime of violating road traffic laws (drinking) at the port branch of the Daegu District Court on May 15, 2012, and a fine of KRW 4 million by the same court on August 16, 2013.

[Criminal facts]

1. On April 18, 2016, even though the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions, the Defendant driven a motor device license at a section of approximately 100 meters of alcohol level in the direction of the Hanjin-gu, Chungcheongnam-si, the Southern-si, the Southern-si, the Chungcheongnam-si, the Yanpo-si, and the Yanpo-do, the 49C 0.126C obacacacacacacacacacacacacacacacacacacaca under the influence of 100 meters of alcohol level in the direction of the Hanjin-gu, the south-gu, the Yanpo-si, the

2. Although the Defendant should not operate a motor vehicle on the road, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant was driving a motor vehicle without registration 49cc, as stated in paragraph 1, which is not covered by mandatory insurance in his/her possession, at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and related judgments);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 46 subparag. 2 and 8 of the Act on the Guarantee of Automobile Compensation;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment on a violation of the Road Traffic Act shall be imposed when the punishment is imposed on a violation of the Road Traffic Act due to a heavier drinking driving);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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